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An H-4 dependent spouse of an H-1B non-immigrant can file Form I-765, Application for Employment Authorization to obtain an employment authorization document (EAD), if the H-1B non-immigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
As an "Alien Authorized to Work," the employee must provide an "A-Number" present in the EAD card, along with the expiration day of the temporary employment authorization. Thus, as established by form I-9, the EAD card is a document which serves as both an identification and verification of employment eligibility. [10]
Of the USCIS immigration forms, decisions on the two forms Form I-130 (family-based immigration, the F and IR categories) and the widower subcategory for Form I-360 (special immigrants, the EB-4 category), must be appealed through the EOIR-29 (Notice of Appeal to the Board of Immigration Appeals from a Decision of an Immigration Officer) to the ...
Form I-765 is the application form for non-immigrant workers to receive an Employment Authorization Document (EAD). Unlike the forms above, it is not a petition but an application made directly by the person seeking the EAD. Form I-765 cannot be used to immigrate to the United States or change one's non-immigrant status but rather is used by ...
Form I-360 and Form I-526 are the forms used for the EB-4 (religious worker and special immigrant) and EB-5 (investor/entrepreneur) categories. Form I-765 is the form used to apply for an Employment Authorization Document. Unlike the forms above, it is not a petition but an application made directly by the person seeking the EAD.
If the applicants spouse qualifies for L-1 status, they can apply for a change of status from H-4 to L-2 status and the spouse from H-1B to L-1 status. To obtain work authorization, submit Form I-765, Application for Employment Authorization, together with Form I-539, Application for Change or Extension of Status.